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Supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark
Article 36

Article 36 — Cases falling under the authority of a single member

  1. The Board of Appeal handling the case may designate a single member within the meaning of Article 165(2) of Regulation (EU) 2017/1001 for the purposes of the following decisions:
    1. decisions pursuant to Article 23;
    2. decisions closing the appeal proceedings following withdrawal, rejection, surrender or cancellation of the contested or the earlier mark;
    3. decisions closing the appeal proceedings following withdrawal of the opposition, of the request for revocation or for a declaration of invalidity or of the appeal;
    4. decisions on measures pursuant to Article 102(1) and Article 103(2) of Regulation (EU) 2017/1001, provided that the correction or, as the case may be, the revocation of the decision on the appeal concerns a decision taken by a single member;
    5. decisions pursuant to Article 104(4) of Regulation (EU) 2017/1001;
    6. decisions pursuant to Article 109(4), (5) and (8) of Regulation (EU) 2017/1001;
    7. decisions on appeals against decisions in ex parte proceedings taken on the grounds laid down in Article 7 of Regulation (EU) 2017/1001, which are either manifestly unfounded or manifestly well founded.
  2. Where the single member considers that the conditions set out in paragraph 1 or in Article 165(5) of Regulation (EU) 2017/1001 are not, or no longer, met, the single member shall refer the case back to the Board of Appeal in its composition of three members by submitting a draft decision pursuant to Article 41 of this Regulation.